Sanju @ Saleem v. State (NCT Of Delhi)

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1277/2017 SANJU @ SALEEM ..... Petitioner Represented by:

Mr. Rajuddin Khan, Adv.

versus STATE (NCT OF DELHI) ..... Respondent Represented by:

Mr. Piyush Singhal, Adv. for Mr. Ashish Aggarwal, ASC with Insp. Manoj Kumar PS K.

Khas.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 17.01.2018 Petitioner's paternal uncle's son namely Firoz who was residing with his wife Rihana and two kids was not found at his house. On 13th December, 2016 even Rihana went to her maternal home and came back only on 15th December, 2016. On 16th December when father of Firoz went to the house of his son, Rihana did not talk to him properly nor told him that his son was missing from 12th December, 2016, where after Rihana went to Gokulpuri and lodged a missing complaint of her husband since 10th December, 2016. On the intervening night of 12th & 13th December, 2016 a dead body was found on which case FIR No.820/2016 under Section 302 IPC was registered at PS Khajuri Khas. The dead body was later identified to be that of the son of the petitioner's uncle. W.P.(CRL) 1277/2017

It is the grievance of the petitioner that no proper investigation is taking place and despite providing all clues the investigating agency is unable to find any material to prosecute the accused. As per the status report during the course of investigation Crime Team inspected and photographed the spot. Despite best efforts body could not be identified at the spot and was later identified to be that of Firoz S/o Phool Khan. Efforts in the form of hue and cry notices, collection of finger prints, photographs of unknown persons etc. have been made, however till date the investigating agency is clueless as to the culprits who are involved in the murder of the son of paternal uncle of the petitioner.

Considering the fact that there is no eye-witness to the murder of the son of the paternal uncle of the petitioner, the deceased herein, and the investigation is required to be conducted scientifically, this Court deems it fit to transfer the investigation. DCP (North East) is directed to transfer investigation from PS Khajuri Khas to DIU North East. It is hoped and expected that the investigating officers of DIU North-East will expedite the investigation and collect relevant materials. Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JANUARY 17, 2018 'ga'

W.P.(CRL) 1277/2017